MAR-2 RR:NC:TP:347 D80525
Ms. Teresa A. Gleason
Baker & McKenzie
815 Connecticut Avenue, N.W.
Washington, D.C. 20006
RE: THE COUNTRY OF ORIGIN MARKING OF FOOTWEAR FROM MEXICO.
Dear Ms. Gleason:
This is in response to your letter dated July 17, 1998,
written on behalf of your client, R.G. Barry Corporation,
requesting a ruling on whether the proposed marking, using a
sewn-in label rather than marking the soles, is an acceptable
country of origin marking for imported footwear. A marked sample
was submitted with your letter for review.
You have submitted samples for three styles of ladies
slippers. The soles of the slippers have been marked with the
country of origin but you state that your client wishes to move
the country of origin marking from the soles of the slippers to
the upper portion of the product. Specifically, RG Barry would
like to mark the slippers by using a sewn-in label on the inside
seam under the vamp for open-heeled slippers, or at the upper
heel for closed-heeled slippers. You also ask whether it would
be acceptable to mark only the left slipper of each pair with the
country of origin.
The marking statute, section 304, Tariff Act of 1930, as
amended (19 U.S.C. 1304), provides that, unless excepted, every
article of foreign origin (or its container) imported into the
U.S. shall be marked in a conspicuous place as legibly, indelibly
and permanently as the nature of the article (or its container)
will permit, in such a manner as to indicate to the ultimate
purchaser in the U.S. the English name of the country of origin
of the article.
As provided in section 134.41(b), Customs Regulations (19
CFR 134.41(b)), the country of origin marking is considered
conspicuous if the ultimate purchaser in the U.S. is able to find
the marking easily and read it without strain.
With regard to the permanency of a marking, section
134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that
as a general rule marking requirements are best met by marking
worked into the article at the time of manufacture. For example,
it is suggested that the country of origin on metal articles be
die sunk, molded in, or etched. However, section 134.44, Customs
Regulations (19 CFR 134.44), generally provides that any marking
that is sufficiently permanent so that it will remain on the
article until it reaches the ultimate purchaser unless
deliberately removed is acceptable.
The proposed marking of the imported footwear that your
client plans to use by sewing a label either on the inside of the
vamp or at the inside heel of the upper, is conspicuously,
legibly and permanently marked in satisfaction of the marking
requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an
acceptable country of origin marking for the imported slippers.
In addition, both shoes of each pair must be marked with the
country of origin.
This ruling is being issued under the provisions of Part 177
of the Customs Regulations (19 CFR Part 177).
A copy of the ruling or the control number indicated above
should be provided with the entry documents filed at the time
this merchandise is imported. If you have any questions
regarding the ruling, contact National Import Specialist Richard
Foley at 212-466-5890.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division